Hossain v Unity Grammar College Ltd and Ors [2018] NSWSC 1204

Having regard to the context and wording of the pleadings and written submissions, the allegation regarding compliance plate and obligations under regulation 11 is sufficiently pleaded to put Five Star on notice; cross-examination will be allowed on this topic.

Jurisdiction: Australia
Judgment Date: 24 July 2018
Procedural Posture: Negligence – Severe Personal Injury / Procedural Ruling During Trial
Outcome: Cross-examination on compliance plate and regulation 11 permitted.
Legal Topics: ['negligence' 'personal Injury' 'statutory Compliance' 'cross Examination' 'pleadings' 'gas Explosion' 'gas Installation Safety']

['tort Law' 'evidence' 'civil Procedure'] ['negligence' 'personal Injury' 'statutory Compliance' 'cross Examination' 'pleadings' 'gas Explosion' 'gas Installation Safety']

Case Brief

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Procedural Posture

Negligence – Severe Personal Injury / Procedural Ruling During Trial

Legal Issues

1 ['Whether cross-examination on compliance with regulation 11 of Dangerous Goods (Gas Installations) Regulation 1998 (NSW) is permissible despite not being expressly pleaded.' 'Whether absence of compliance plate is sufficiently pleaded for purposes of negligence.' 'Whether written and oral submissions put Five Star on notice regarding statutory obligations.']

Ratio Decidendi

Court Disposition

Cross-examination on compliance plate and regulation 11 permitted.

Orders

['Mr Morris SC is permitted to cross-examine on the topic of regulation 11 and compliance plate against Five Star.']